Preface


Terms of reference

On 12 November 2013, a resolution of the Senate allocated the following portfolios to the Senate Legal and Constitutional Affairs Legislation Committee (the committee):

  • Attorney-General's portfolio; and
  • Immigration and Border Protection portfolio.

This report was prepared pursuant to Standing Order 25(20) relating to the consideration of annual reports by committees. The Standing Order states:

Annual reports of departments and agencies shall stand referred to the committees in accordance with an allocation of departments and agencies in a resolution of the Senate. Each committee shall:

  1. Examine each annual report referred to it and report to the Senate whether the report is apparently satisfactory.
  2. Consider in more detail, and report to the Senate on, each annual report which is not apparently satisfactory, and on the other annual reports which it selects for more detailed consideration.
  3. Investigate and report to the Senate on any lateness in the presentation of annual reports.
  4. In considering an annual report, take into account any relevant remarks about the report made in debate in the Senate.
  5. If the committee so determines, consider annual reports of departments and budget-related agencies in conjunction with examination of estimates.
  6. Report on annual reports tabled by 31 October each year by the tenth sitting day of the following year, and on annual reports tabled by 30 April each year by the tenth sitting day after 30 June of that year.
  7. Draw to the attention of the Senate any significant matters relating to the operations and performance of the bodies furnishing the annual reports.
  8. Report to the Senate each year whether there are any bodies which do not present annual reports to the Senate and which should present such reports.

This report examines annual reports tabled in the Senate or presented to the President between 1 November 2015 and 30       April 2016.

Role of annual reports

Annual reports place a great deal of information about government departments and agencies on the public record. Accordingly, the tabling of annual reports is an important element of accountability to Parliament. The information provided in annual reports assists in the effective examination of the performance of departments and agencies, and the administration of government programs.

Annual reporting requirements

The reports for the 2014–15 period represent the first time departments and agencies are reporting under the Public Governance, Performance and Accountability Act 2013 (PGPA Act), which commenced on 1 July 2014. The PGPA Act consolidates the governance, performance and accountability requirements contained in the Financial Management and Accountability Act 1997 (FMA Act) and the Commonwealth Authorities and Companies Act 1997 (CAC Act). It also establishes a performance reporting framework for all Commonwealth entities and companies.

Section 46 of the PGPA Act sets out the annual reporting requirements in relation to Commonwealth entities, including that annual reports must comply with any requirements prescribed by rules. Section 97 sets out the annual reporting requirements for Commonwealth companies.

However, as with 2013–14 annual reports, 2014–15 annual reports were prepared under the arrangements existing at 30 June 2014 as follows:

  • for non-corporate Commonwealth entities (departments, executive agencies and statutory agencies): the Public Service Act 1999, sections 63(2) and 70(2), and the Parliamentary Service Act 1999, section 65; other relevant enabling legislation for statutory bodies; and the Requirements for Annual Reports;
  • for corporate Commonwealth entities: the Commonwealth Authorities (Annual Reporting) Orders 2011 prescribe material that must be included in corporate entities' annual reports. These Orders continue to apply to 2014–15 annual reports under the PGPA (Consequential and Transitional Provisions) Rule;
  • for Commonwealth companies: the Commonwealth Companies (Annual Reporting) Orders 2011 prescribe material that must be included in corporate entities' annual reports. These Orders continue to apply to 2014–15 annual reports under the PGPA (Consequential and Transitional Provisions) Rule; and
  • for non-statutory bodies: the guidelines are contained in the government response to the Senate Standing Committee on Finance and Public Administration Report on Non-Statutory bodies.[1]

In its report on the development of the Commonwealth performance framework, the Joint Committee of Public Accounts and Audit (JCPAA) foreshadowed that in future years the annual report requirements 'will be replaced through the consolidation of all mandatory requirements into a rule made for the purposes of section 46 of the PGPA Act'.[2]

Requirements for Annual Reports for 2014–15

The Requirements for Annual Reports were issued by the Department of the Prime Minister and Cabinet on 25 June 2015 and approved by the JCPAA. Two significant changes were made in relation to:

  • small business procurement—three requirements have been added to reflect the government's commitment to improve small business access to Commonwealth contracts; and
  • Indigenous employment—reporting on Indigenous employment has been added to the existing requirement to report on the management of human resources.[3]

While the Requirements for Annual Reports issued on 25 June 2015 apply to annual reports for 2014–15, it was noted that:

Significant revisions to the Requirements are anticipated for the 2015–16 financial year with the commencement of the performance reporting model under the Public Governance, Performance and Accountability Act 2013 (PGPA Act).[4]

'Apparently satisfactory'

Under Standing Order 25(20)(a), the committee is required to report to the Senate whether reports are 'apparently satisfactory'. In making this assessment, the committee considers such aspects as compliance with relevant reporting guidelines.

The committee found all of the reports submitted to be 'apparently satisfactory', describing the functions, activities, performance and financial positions of the departments and agencies. However, the committee notes that the following agencies failed to include or address the two new reporting requirements (small business procurement, and Indigenous employment) in their reports for 2014–15:

  • Australian Intelligence Security Organisation; and
  • Australian Institute of Criminology.

The committee reminds these agencies to ensure they fulfil their reporting requirements in future.

Comments made in the Senate

Under Standing Order 25(20)(d), the committee is required to consider any remarks made about these reports in the Senate. In considering the reports, the committee did not identify any relevant remarks made in debate in the Senate.

Timeliness

Under Standing Order 25(20)(c), the committee must also report to the Senate on any lateness in the presentation of annual reports.

Section 46 of the PGPA Act sets out the requirements for the presentation of annual reports of Commonwealth entities to the responsible minister by the 15th day of the fourth month after the end of the reporting period for the entity. The Requirements for Annual Reports, which apply to departments, executive agencies and other non-corporate Commonwealth entities, state that 'the responsible minister must, in turn, present the report to each House of the Parliament on or before 31 October in the year in which the report is given'.[5] Where a body is unable to meet this deadline, an extension of time to report can be sought under subsections 34C(4)–(7) of the Acts Interpretation Act 1901.

Section 97 of the PGPA Act sets out the requirement for annual reports of Commonwealth companies to be presented to the responsible minister.

A table listing the annual reports of departments and agencies tabled in the Senate (or presented out of session to the President of the Senate) between 1 November 2015 and 30 April 2016, and which have been referred to the committee for examination, can be found at Appendix 1.[6] Also included in this table is the date each report was submitted to and received by the minister, and was tabled in the House of Representatives.

The annual reports included and examined in this report missed the 31 October 2015 tabling deadline for the Senate, excluding annual reports from the Family Law Council (tabled on 9 November 2015) and the High Court of Australia (received out of session on 11 December 2015), which were tabled in accordance with their legislative provisions.

In several instances, the annual report of an agency was provided to the Minister by the prescribed date of 15 October[7] and subsequently tabled in the House of Representatives between 19 and 21 October 2015, at the time of the Supplementary Budget Estimates hearings, but was not received by the Senate or referred to the committee until 9 November 2015.[8] The reports affected were:

  • Australian Commission for Law Enforcement Integrity—Annual Report   2014–15;
  • Australian Law Reform Commission—Annual Report 2014–15;
  • Australian Security Intelligence Organisation—Annual Report 2014–15;
  • Family Court of Australia—Annual Report 2014–15;
  • Family Law Council—Annual Report 2014–15;
  • Federal Court of Australia—Annual Report 2014–15; and
  • National Archives of Australia and National Archives of Australia Advisory Council—Annual Report 2014–15.

The committee continues to encourage bodies to table annual reports before the Supplementary Budget Estimates hearings in October each year, in accordance with best practice, as outlined in the Requirements for Annual Reports.[9]

Requirement for non-reporting bodies to report

In accordance with Standing Order 25(20)(h), the committee is required to report on bodies that do not present an annual report to the Senate and which should present such a report.

On this occasion, the committee is unaware of any body required to table an annual report which has failed to do so.

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